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-80645-4127500 Town of PlymouthSelect Board Meeting MinutesPlymouth Town HallPlymouth, NH 03264 August 10, 2020 DRAFT6:00PMCall to Order Pledge led by Neil McIver.Members Present: Chair William Bolton, Zachary Tirrell, Neil McIver, Maryann Barnsley, John Randlett, Town Manager Kathryn Lowe, Finance Director Anne Abear, Planning & Zoning Brian Murphy.Also present via Zoom: Jaseya Ewing, Town Clerk, Steve Lefebvre, Police Chief, Tom Morrison, Fire Chief, Bob Clay, Plymouth Moderator as well as employees and residents to be named during the Public Hearing in these minutes.Due to the Town Hall closure to the public, this meeting can be viewed on PBTV and the public will be able to make comments or ask questions via ZOOM during the Q&A portion of this meeting.Approval of the Minutes: July 27, 2020 Non-Public Sealed Meeting Minutes – Motion made by Zachary Tirrell to accept these sealed minutes as written, seconded by Maryann Barnsley, all in favor via roll call. July 27, 2020 Work Session Meeting Minutes – Motion made by John Randlett to accept these minutes as written, seconded by Zach Tirrell, all in favor via roll call. July 27, 2020 Regular Meeting Minutes – Motion made by Zach Tirrell to accept these minutes as written, seconded by Maryann Barnsley, all in favor via roll call.The following minutes have been sealed:July 27, 2020 Non-Public Meeting Minutes.Announcements:The Select Board will meet on the following dates:Regular Meetings – 6:00PM – Monday, August 24th, September 14th and September 28th, 2020.Work sessions prior to the regular meetings will start at 5:00PM.At this time, all meetings will be held via Zoom. You can find dial in information on the town’s website at Plymout-. Citizens wishing to be listed on the Select Board’s Agenda should notify the Town Hall before 12:00PM the Friday before the scheduled meeting.Reopening of Town Offices – In keeping with the Governor’s new orders, and after discussion with the Plymouth Emergency Management Director and the Plymouth Health Officer, the reopening of Town Offices has been moved to August 24, 2020. Town employees are still available to the public during regular business hours. You can call to have your questions answered or to make an appointment with any office by calling the Town Hall or by emailing townhall@plymouth-. The following are the hours for the offices of Town Hall:Selectmen’s Office – Monday-Friday - 8:00AM to 4:30PM – 536-1731Town Clerk’s Office – Monday-Friday – 8:30AM to 4:00PM – 536-1732Tax Collector’s Office – Tuesday-Thursday – 8:00AM-2:00PM – 536-4733 Thank you for your continued patience and support during this time.Chairman’s Comments: The Chair had no comments. Zach Tirrell questioned the timing of meetings and why sometimes there were 3 weeks between meetings as opposed to two. Town Manager Kathryn Lowe stated that when holidays fall on a Monday that would normally have been a Select Board Meeting night, a work session can be pushed to Tuesday of that week or be held later in the month if that month has more than 4 weeks in it or the Select Board request a meeting. 2020 Elections: Jaseya Ewing spoke on the process that will be in place for those residents who choose to come to the polling location without masks. PPE will be provided to all poll workers and masks will be available to the public if they should need one. Anyone who chooses to not wear a mask while voting will be allowed to vote in an outdoor area designated by the election officials. Bob Clay, Town Moderator, requested the entire Select Board be present for the duration of the election. Additional help will be required for this unusual election to accommodate both indoor masked voting and outdoor unmasked voting. Everyone will be able to vote via the regulations set up by the State. All precautions will be taken to keep residents safe while voting. Details of these plans were discussed. Absentee voting by residents is urged to be considered and any details of absentee voting and the process to follow can be received from the Town Clerk’s Office. Bob Clay also requested the assistance of the Police Department as well as any available town employees. Jaseya Ewing stated there will be voter registration drives as well as absentee voting drives to assist residents with this process. Further information will be provided as it is received from the State. Zach Tirrell asked if this process was relative to the September election or the November election. It was confirmed by Bob Clay that both elections will be following this process and the Select Board should plan on being in attendance at the polls during both election days. John Randlett asked if any domicile rules have changed and Bob Clay confirmed these rules have not changed and if someone should come to register without a NH driver’s license, that will be deemed acceptable as the Attorney General’s Office will follow up with any voters who did not provide a NH license. All residents in the Town of Plymouth will be able to vote at the polls on Election Day.6:15 PM – PUBLIC HEARING:PROPOSED MASK ORDINANCE FOR THE TOWN OF PLYMOUTHThis Public Hearing is open to all. Chair Bill Bolton stated that some amendments were made to this Ordinance based on public comments from the previous hearing on this issue.Correspondence was read from Michele McEwen, Speare Memorial Hospital Administrator, regarding her support of this Ordinance based on the challenges faced by health professionals amid this pandemic. Chair Bill Bolton stated anyone wishing to speak at this hearing will have 3 minutes per speaker. Speakers must state their name and the Town they reside in. This will be done in 3 parts, first will be Plymouth residents who did not have the opportunity to speak on July 27. Next will be other Plymouth residents who have previously spoken but have additional comments, and last any other persons residing outside of Plymouth who have not spoken will be able to speak.Michael Cuddihy – Plymouth - Michael spoke in support of this ordinance and believes that the diligence Plymouth has maintained with social distancing has been one of the reasons we have been successful. With PSU students returning and schools opening in the Fall, it is critical the Town take a stance in solidarity to put public health before partisan interests. Jenny Thibeault – Plymouth – questioned how this ordinance will affect outdoor workers. Bill Bolton stated this situation is addressed in the revised ordinance in Article #3.Kyla Welch – SAU 48 Superintendent – Requested if the Board approves this ordinance, to allow Plymouth schools to follow their own mask ordinance, which have previously been approved by the School Boards. Bill Bolton asked if those School ordinances were available. Zach confirmed they have been posted and while there does not appear to be too many differences, mask breaks that are provided by the Schools is not addressed in the Town Ordinance. Kyla Welch stated all students, staff and visitors are required to wear masks and mask breaks will be provided. Certain exceptions to the mask will apply in cases of medical and/or disability exceptions. Neil McIver suggested language be included in the Town ordinance allowing for the acceptance of the School guidelines as a separate guideline from the Town. A motion to accept this amendment to the policy was made by Neil McIver, which was seconded by John Randlett. No further discussion. All in favor via roll call.Karen McCloud – Plymouth – Expressed support for Michael Cuddihy and Michele McEwen, as well as the revisions made to the Ordinance. Karen encouraged residents to support this ordinance.Kristen Valenti – Plymouth – Requested clarification for businesses involved in fitness and mask wearing during physical activities. Karen stated the Governor’s order does allow for the removal of the mask during physical activity when social distancing. (Disconnected)Kim Crocker – Plymouth – Does not support this ordinance and questioned the active numbers in Plymouth and the fact PSU has a plan in place. Kim also questioned the ability of law enforcement to support this ordinance as well as supporting the election, etc. Kim has no problem wearing a mask when going into businesses, but does not feel a town-wide ordinance is necessary.Magnus S – Plymouth – Strongly in favor of this ordinance due to people not following the requests of local businesses with no ordinance currently in place. Having the Town pass this ordinance allows businesses to protect people and employees. This is not about politics it is just people caring for other people.Britt MacDonald – Plymouth – Britt is pro mask but not pro ordinance. Britt is a health care worker and is concerned about patients who may have PTSD and wearing a mask which could be a problem for some individuals. Britt also feels requiring a doctor’s note is very problematic. Mask wearing is pretty subjective and presents problems for the doctor’s who need to provide those notes. Britt also questioned #5 related to private homes and their guests, and the details of athletics and masks. Britt believes the details in this ordinance can be problematic and believes this ordinance is too broad.Ryan Sleeper – Plymouth – Ryan does have some concerns and although he is pro mask, he is more concerned about the enforcement and the necessity of this ordinance. Ryan also asked if this ordinance can be extended beyond the Governor’s State of Emergency.Sara Tirrell – Plymouth – Sara supports the mask ordinance but is concerned about PSU and the confusion surrounding the mask rules for students. Sara also stated that Walmart has a mask mandate but does not enforce it. She is glad that having a Town ordinance will help promote this mask wearing.Patrick Wetmore – Plymouth – Patrick states he has noticed that there have been questions by citizens which he would like to know when and if those questions will be answered. Patrick also stated that freedom can be a fearful thing and when you have fire and police chiefs/public health officer who have been excluded from this process, and/or not even aware of a meeting on this issue, it is disturbing. Patrick stated that at the April 26 work session there was a description of ‘bad decisions’ by the public for not mask wearing and Patrick believes the Board cannot determine who is ‘bad’. Patrick wonders where is the spike in 22 to 23 years-old students not wearing masks as Maryann stated in that meeting. These are assumptions made by the Board. People have anxieties, special needs, etc., and cannot wear a mask.Micah Michaelboro – Micah appeared in the Common and was upset he was unable to come into the Town Hall without a mask. Micah states he is a tax payer and a business owner in Plymouth. Micah does not like that members of the Board had an email discussion with Steve Rand that he was cc’d on and based on the last meeting Zach Tirrell stated the Board could not do that. Micah believes this communication is illegal and that no one on this Board deserves to be on it. Micah believes this is tyranny and people should have the freedom to choose. The college has the strongest mandates. Micah believes the Board is just spreading fear. Micah stated there were more people outside of Town Hall against this ordinance on the Common than participating in the Zoom call. Many of them are Plymouth residents. Micah states commerce will be shut down in Plymouth and this ordinance is unconstitutional and they will not comply.Neil McIver asked to clear the record and said he has never had any email contact with Mr. Rand.Micah stated he has the email and the Board members are liars.Melinda Barnsley – Works at PSU and talked about a meeting held by PSU faculty & staff which reviewed the process that will be followed for students. Three students have already tested positive and during the meeting it was stated there will be cases at PSU and the University will try to handle it as it comes. Durham and Keene have also created ordinances for the students coming into their towns. Melinda is pro-mask and stated the faculty and staff at PSU will do their best to keep people safe.Viking Hedberg – Appreciates the dialogue and the challenges. Viking is in healthcare and states it is fortunate we have low cases in the community, but it has come at a high cost to the businesses and children of Plymouth. The mask may not work due to people not following it, but the community needs to be responsible and respect the science. It is becoming clear this germ is spread via aerosol based on recent cases. The most effective thing we can do is to come together to help schools stay open and protect our business community. While a mandate might be helpful there is also humility involved. We should provide an expectation that people will do what they should. Viking stated there is a good chance for a rapid spread if we don’t take every effort to reduce the spread in the community, businesses and schools.David Lheureux – Resident – David was also on the Common with other Plymouth residents, some of who could not get on the Zoom call. David stated the Board does not own the Town and PSU is making their students endure weekly COVID tests. Deaths are down and there is an article written by a Hooksett Board member citing the number of deaths in NH and the causes of those deaths as compared to COVID. Students are verifiably proven to be more likely to die in a car accident as opposed to COVID. We are 5 months into this now and enough is enough. Plymouth residents, shoppers and voters do not want this ordinance. There is a movement to boycott Plymouth and take business out of Plymouth. David states there will be a major financial change for the Town if you push this ordinance and don’t listen to the people. You are forcing people away, not working for the people. One selectman has his head on straight and good luck if you push this through. David said in the last meeting it was stated the Board would consult with the attorney for some changes, even though it was about 50/50 for and against. But the Board doesn’t care and will push this through. David further stated he thinks it’s a shame that Birx and Bolton are in bed together with their rental house and I think it’s a shame in politics. You can’t be working together to push a mandate when you are financially tied. That is crap. Jessica Dutille – Plymouth – Works at PSU and thanked the Board members for their work on this ordinance. Jessica is in favor of this ordinance. A mask is an act of love and caring for the community and she is grateful to live here where people care and protect one another. Thanks for this ordinance.Mike Currier – Plymouth – Mike conveyed there are so many questions surrounding the virus it should be handled with common sense so we take care of each other and ourselves. There are a lot of asymptomatic children and people and we have to get a handle on this. Mike is for the ban because he believes everyone involved should use common sense. If you don’t have an ordinance you can’t do anything when someone walks into a store and refuses to wear a mask. Obviously outdoor workers it is not a necessity. If you have an ordinance you can call the police and use common sense as to when and where you use it. I like some of the people on the other side of this, but I want to live, we need to come together with common sense to save the day. But I do believe the ordinance should be in place.Charles Morrielle – Non-resident – Strongly disapproves of this ordinance. States it’s an abomination and a violation of all kinds of rights. This has been hyped up and it has all been planned Event 201, it’s documentable on government sites. Dr. Fauci even said this was planned. It’s about fear, it’s about taking rights away. These masks make you sick and restrict your oxygen and you are breathing in your own carbon dioxide. Our forefathers would be rolling in their grave if they saw what we are doing. This is at a global level, trying to usher in this new world. It’s disgraceful and disgusting. We need to be stronger and rise above this. Look at the facts, it doesn’t match anything to what the news is saying. It’s beyond comprehension. I’m completely against it – those guys outside – I’m in 100% agreement with what those guys are saying and they could not be more correct. I shop in Plymouth and it’s horrible to wear a mask. It’s restricting and horrible, it’s about making people suffer. If this is enforced, I will go somewhere else like those other people. It’s just terrible. It absolutely should not be passed. It’s a violation of every human right. Look at the global level they are playing this up, it’s all been planned and it’s terrible what’s happening. I’m dead against it and I know I’m right.Turnage Barber Shop – Owner – Rumney resident. In favor of the mask ordinance. In the barber industry you are required to touch people you don’t know and cannot abide by the 6’ distancing. Without masks it’s a hotbed for infection. A big concern is the students coming and some are 18 years old and won’t want to wear a mask and sometimes make bad choices. By making a stance to wear masks and with everyone wearing masks, we are showing the students what they should do. Protection of the workers is necessary. She understands the economy issues and has another business in Rumney that has completely been obliterated by this virus. Unlike Micah who works outside, some businesses are people to people. If wearing a mask can help change the statistics and keep a barometer on the virus. That’s what she will do.Judy Kinney – Plymouth – Judy is on the common protesting the mandate. Judy does not feel the Town has the right to take away her rights as a US citizen. She understands if it’s her choice that’s fine, but to be forced into something she doesn’t believe in is totally wrong. S knows we’re doing it for the college, but further said, no I am the resident of this town, I am the one paying the taxes and I should have a voice. Making this mandate is against everything a lot of people believe in. You are taking away my choice as a US citizen. I pay taxes in this town.Brittany MacDonald – Asked for clarification from the Board. Who makes the decision regarding the school? If the School Board decides for soccer practice for 6th, 7th or 8th graders, they obviously can’t social distance because playing soccer and no masks, who is the governing entity – the School Board or the Town Ordinance.Kyla Welch – This was discussed earlier in the meeting and it is her understanding the Board has allowed the School to follow the protocols put in place for masking at both elementary and high schools. Bill Bolton stated a motion was made and accepted to modify the ordinance to that point.Mike Currier – wanted to speak to the argument relative to how many people die from this. We don’t know what is going on but why allow one more thing we don’t have a handle on to kill more people. It doesn’t make any sense. The argument is unfounded. The whole personal rights stuff I think we all are closer than we realize, but some get excited and they want to fight back. If we don’t have some type of organized ban put in place, we’re going to have bigger troubles than without it. I don’t look at it as taking away my rights, I’m going to take care of myself and my family. I think people comparing to other things, it’s not a comparison, we need to get this under control and get a vaccine and hopefully in the near future something will be in place and we’ll know a lot more.Patrick Wetmore – When will the Board answer the questions presented in whatever form they were presented in before this ordinance is voted on. Bill Bolton said the Board has addressed the questions of concern made at the first hearing and those questions are represented in the modifications to the ordinance as seen. Patrick also asked about workouts as questioned by Kristen Valenti. This ordinance is far reaching and effects everyone. There was expectation of some transparency as recognized the lack thereof. It sad it still continues. Patrick referenced the common sense discussion, with a segment of the population stating defunding the police, citizens laying the road to block roadways. Be careful when talking about common sense what is common sense to you may not be common sense to me. To follow the science is absurd. I’ll follow your science when you follow my science that says life begins at conception. I just want to know when these questions will be answered.Neil McIver – Would like to voice a concern regarding Kristen Valenti’s issues and asked the Board to address that. Zach Tirrell said an amendment on point 2 should be considered to address Kristen’s concerns. Zach read the Governor’s guidelines and suggested that piece of this order surrounding physical exercising be inserted into the ordinance.Kristen Valenti – Yes social distancing is 8-10 feet, and there are very specific guidelines set up by the Governor. Even if the ordinance simply references the governor’s order stating that those guidelines are being adhered to for fitness facilities. Kristen question if the part of the ordinance would carry over to PSU gyms, working out at the high school, even though the school may be operating differently. Some sense of the rules would be very helpful. Some recommendations are more specific, but trying to figure out how to maintain fitness and remain safe. Zach suggested proposing a new paragraph which addresses the Governor’s order and incorporates it into the ordinance. Kristen is concerned with global businesses and it needs to be as specific as they are in other areas.Viking Hedberg – He understands Kristen’s position, but the problem is the virus spreads via aerosol and people can be asymptomatic. Physical exertion is one of the ways these aerosols can spread citing the recent case in Georgia. It is believed to be spread in the bunk rooms when chanting. The clients would be aware they are taking that risk and testing can be a challenge with a 3 to 5-day turnaround for results. Safe outside and dilution is important. Indoors has a higher risk factor as suggested by data.David Nash – This can be self-regulating by a sign at the door of a business. We don’t need an ordinance to regulate that. This is a typical government intervention in people’s personal lives. The business owners can make their own decisions and self-regulate and protect themselves if necessary. We don’t have a problem in Plymouth and to have this going on knowing it will be challenged, which will affect the taxes and run into legal fees for an ordinance that is not necessary. The residents and business owners can regulate themselves.Kim Crocker – Wanted to circle back. Observes the majority are wearing masks on their own and what’s right for one community may not be right for the next community. Putting in a mandate when there are people dealing with trauma. Other people wearing masks are taking care of that element. If you don’t wear a mask, it doesn’t mean you don’t’ care, the choice is a personal choice for yourself. If you do a mandate you are signaling out folks that have issues and cannot wear masks. People should be able to make their choice quietly and privately.David Lheureux – I think everyone is coming from a good place but I think you guys are asleep at the wheel. David showed the people on the common who are against the ordinance. Over 30 people in attendance. This was a done deal before you even got started and I think this is a shame. I think you are worried about the college. America was founded on individual liberties and freedoms and sometimes (inaudible). If you plan to stand for a minority and you plan to stand for the oppressed and you plan to stand for people who are underprivileged but you do not stand for individual rights you cannot claim to stand for the minority. Individuals are the smallest minority. You have lost sight of that. Good luck you’re going to need it.7:28PM – Public Hearing Closed.Neil McIver made a motion to close the Public Hearing, which was seconded by Maryann Barnsley. All in favor via roll call. Public Hearing Closed.Bill Bolton confirmed that there is a change to verbiage to include an amendment regarding the school’s policy. Neil McIver said Zach had suggested to include the Governor’s language surrounding businesses involved in physical activity as the Governor’s order is very detailed. Maryann agreed having this language included in the ordinance would be good. Zach Tirrell made a motion to amend article 2 to add “where the governor’s stay at home 2.0 recommendation has more specific guidelines for health and fitness, those will be the rules for the town” which was seconded by Neil McIver. No further discussion. All in favor via roll call.Bill Bolton asked if any other changes. Zach Tirrell said the Board should discuss article 5, to clarify “personal homes” and how they are included in this ordinance. Maryann said this is in concern for off campus rentals, as opposed to a single-family residence.John Randlett suggested the Board get together in person to finalize the ordinance and discuss it. There is no draft ready to vote on and if we are moving forward, we need a select board sit down televised to hash it out. Bill stated that’s what was happening right now and it is a critical time to decide or not at this meeting. Unless the Board feels otherwise, the Board is close to finalizing the changes and saying yah or nah. Zach and Maryann agreed with Bill Bolton that this could be finalized tonight. Anne Abear asked what the number limit was in the Governor’s order for gatherings. Zach confirmed it was 10 which seems small. Steve Lefebvre said he’s reading it the same way and cautions the board on mandating what the public does in their own households. Steve said he has cautioned the board on this once before stating you can regulate public spaces but in people’s homes you cannot regulate what they do. It’s against the constitution. The way it is worded, it depends on the definition of common areas and/or communal spaces. Some apartments are shared and Steve cautioned regulating those spaces. Bill states this has been reviewed by the town attorney and has been accepted. Steve Lefebvre said if the Board is confused about this language how can they expect the PD to understand it. It has to be crystal clear. Zach made a motion to amend paragraph 5 to strike the second sentence entirely. This falls back to the state mandate without adding an additional layer. This motion was seconded by Neil McIver. No further discussion. Neil McIver stated he grew up in Plymouth and watched his father deal with many medical crises and his father always took swift decisive action. Neil believes this Board is doing that and has been fair about listening and evaluating the concerns of the public and believes Plymouth needs this ordinance.Maryann Barnsley made a motion to accept the Mask Ordinance with the changes as discussed, which was seconded by Neil McIver. No further discussion. In favor - Neil McIver, Maryann Barnsley, Zach Tirrell and Bill Bolton. Opposed - John Randlett.The Plymouth Mask Ordinance has passed effective immediately.Discussion of where this ordinance should be posted. Question on the length of the ordinance which Bill Bolton stated will be in place until the Board has removed it. This Ordinance will be posted on the website, at the Recycling Center, Pease Library, Hannaford, Market Basket, on the front door, and in the newspaper and potentially other areas.Purchase Orders:Anne Abear presented with a purchase order for Denron Plumbing & HVAC in the amount of $7,242.28 for repair/replacement of the Town Hall furnace/HVAC system parts, cleaning and labor to include travel. This is to be paid out of bond funds as approved at the March 2020 Town Meeting. Zach confirmed this was part of the general repairs to Town Hall. A motion was made by Maryann Barnsley to approve this purchase order which was seconded by Neil McIver. No further discussion. All in favor via roll call.Town Wide Yard Sale: Zach said the Town Wide Yard Sale has been cancelled for this year.School Board: High School Board meets tomorrow and has already approved their reopening plan. Elementary School meets Wednesday to continue discussing their reopening plan.Other Comments: Bill Bolton asked if there were any further comments:Michael Cuddihy thanked the Board for approving the Face Mask Ordinance.Kathryn Lowe stated there are two other items on the Agenda to include Brian Murphy and the Town Common Use Policy as well as Zach Tirrell wishing to discuss citizen noise concerns. Bill Bolton asked for a Motion to Adjourn. 7:52PM - Motion to Adjourn: Neil McIver made a motion to adjourn.David Lheureux stated he had a comment. However, Bill Bolton confirmed that there was a motion on the floor to adjourn. David stated Bill shouldn’t have asked for public comment then and he guessed Bill just messed up there. Motion to Adjourn seconded by Maryann Barnsley. Zach Tirrell, Neil McIver and Bill Bolton were not in favor of adjourning as they wanted to allow public comment as requested by David Lheureaux.David Lheureux – Sorry to hear the mask ordinance has passed. The group has grown to over 30 people on the Common. The movement against the ordinance is going to continue to grow, people do not want this. You took away our rights.7:55 PM - Motion to Adjourn: Neil McIver made a motion to adjourn, seconded by Zach Tirrell. All in favor via roll call.Respectfully submitted,Colleen Kenny ................
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